SUGIONO v. TORTURE CLAIMS APPEAL BOARD/ NON-REFOULEMENT CLAIMS PETITION OFFICE

CACV 673/2025, [2026] HKCA 21

On Appeal From [2025] HKCFI 3796

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 673 OF 2025

(ON APPEAL FROM HCAL NO. 2663 OF 2019)

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JUDGMENT

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Hon Anthony Chan JA (giving the Judgment of the Court):

1.  This is the Applicant’s Summons filed on 19 December 2025. It is treated as an application to set aside the Judgment by which the Applicant’s appeal was dismissed due to his non-compliance with the Unless Order dated 27 November 2025.

2.  Despite the letter of the Court dated 16 December 2025, there is still no proper explanation on why the Applicant was unable to lodge his appeal bundle in time to meet the Unless Order.  In particular, the Applicant has not explained why a search of the court file was necessary to compile the appeal bundle.

3.  In the premises, it has not been demonstrated that the breach of the Unless Order was neither intentional or contumelious, and the failure to obey was because of extraneous circumstances.

4.  The Summons is dismissed with no order as to costs.